1. Field of the Invention
The present invention relates to the field of data file distribution on a peer-to-peer network. More specifically, the present invention, in an exemplary embodiment, relates to a system and method of distribution of data files and collecting royalties upon the transfer of said data files in a peer-to-peer network environment.
2. Description of the Related Art
Over the years, numerous artists and musicians have recorded great volumes of work. Numerous record companies have thousands of recordings which are sold by standard means such as: at stores, online or through auctions. As used herein, “content” is understood to be equivalent and comprise works subject to copyright including audiovisual works such as music, performance, film, and video; still art such as paintings; print such as text; software such as video games or other executable software; and the like. It is thus understood that, as used herein in a exemplary manner, neither “recordings” nor “content” are limited to sound recordings such as music.
The prior art has addressed delivery of content over a network such as the Internet. U.S. Pat. No. 5,726,909 to Krikorian for “CONTINUOUS PLAY BACKGROUND MUSIC SYSTEM” is illustrative. A central computer has access to a master song library, among other data files, and provides end users with access to the music from the song library. End users have appropriate equipment to render the data file into a perceptible output and can selectively customize the content to be delivered.
U.S. Pat. No. 5,918,213 issued to Bernard et al. for “SYSTEM AND METHOD FOR AUTOMATED REMOTE PREVIEWING AND PURCHASING OF MUSIC, VIDEO, SOFTWARE, AND OTHER MULTIMEDIA PRODUCTS” is further illustrative. Users of this system can make purchases via a remote communications medium without human intervention by the publisher of the work being accessed.
Neither of these prior art references discloses, suggests, or provides motivation for using a peer-to-peer network to store the data files as well as provide a means to distribute content and commissions to the client.
Peer-to-peer sharing, as exemplified by KaZaa and Grogster, made many people aware of the power, flexibility, economics, and desirability of peer-to-peer services. See, e.g., “Music trading heads back underground” by John Borland, Staff Writer, CNET News.com May 8, 2001, available at http://news.cnet.com/news/0-1005-200-5862906.html. Some recordings may have been made available through peer-to-peer networks but such availability has often skirted the law, especially copyright law, depriving artists and their publishers such as record company's revenue they would have received if the recordings had been purchased.
Even after copyright based litigation, peer-to-peer services still draw tens of thousands of users each day. In part, these users are drawn to large numbers of recording data files still available for free.
Problems with the peer-to-peer applications of the prior art remain, including guaranteeing the consumer that they are getting a authentic recording and royalties, i.e. insuring remuneration paid to the artist in an appropriate fashion.
A need therefore exists for placing recordings online and making content available in a manner that allows consumers to retrieve and purchase copies of the content and yet provide the consumer with a incentive for accessing these works via legitimate means other than a standard peer-to-peer network that is prone to piracy and copyright infringements.